BOMBAY ACT No. XV OF 19491.

[THE BOMBAY NURSING HOMES REGISTRATION ACT, 1949.]t

[6th May 1949]

Adapted and modified by the Adaptation of Laws Order, 1950.

Adapted and modified by the Bombay Adaptation of Laws (State andConcurrent Subjects) Order, 1956.

Amended by Bom. 42 of 1959.

Adapted and modified by the Maharashtra

(~t~Efand Concurrent Subjects) Order, 1960.

Amended by Mah. 2 of 2006.

An' Act to provide for the registration and Inspection ofnursing homes in the 2[ State of Bombay] and for certain

purposes connected therewith.

Adaptation of Lawsto

WHEREAS it is expedient to provide for the registration andinspection of nursing homes in the Province of Bombay and for certainpurposes connected therewith; It is hereby enacted' as follows :-

1. (1) This Act may be called the Bombay Nursing Homes Shorttitle,Registration Act 1949. extent and, commence-

ment.3[(2)This section extends to the whole ofthe 4[ State ofMaharashtra].

The.reIl1aipi~g provisiorlsof this Act extend to Greater Bombay, the51City of 'Poona] as constituted under section 3 of the Bombay

Born. Provincial Municipal Corporations Act, 1949, the City of Nagpur as

Li~~~ constitu~ed under the City of Nagpur Corporation Act, 1948, and theCoP. Municipal Borough of Sholapur. The State Government may, byand notification in the Official Gazette, direct that the said provisions shall

BI~r:~ extend to such othe; areas as may be specified in the notification. ]of

1950.

(3) This section shall come into force at once. The 6[State]Government may, by notification in the Official Gazette, direct thatthe remaining provisions of this Act shall come into force in any area

I For Statement of Objects and Reasons, see Bombay Government Gazette, 1949,Part V, page 84.

t This Act was extended to that part of the State of Bombay to which, immediatelybefore the commencement of Born. 4~ of 1959, it did not extelfd. (Vide Born. 42 of1959, s. 27). ' '

2 These words were substituted for the words" Province of Bombay" by 'Born. 42 of1959, s. 3. ,

3 This sub"section was substituted for the original by Born. 42 of 1959, s, 4.,4 'fhe$e words were substituted for the words" Statli of Bombay" by the Maharashtra

Adaptlition of Laws (State and Concurrent Subjects) Order, 1960.5 These words were substituted for the words" Cities of Poona and Ahmedabad" ibid.6 This word was substituted for the word" Provincial" by the Adaptationof Laws

Order, 1950.(G.C.P.) H 4012-2 (7,100 7-2006)

2 Bombay Nursing Homes Registration Act. 1949 [1949: Born. XV

to which the said provisions extend or may have been extended undersub-section (2) on such date as may be specified in the notification.

Definitions. 2. In this Act, unless t~ere is anything repugnant in the subjector context-

(1) "by-laws" means by-laws made by the local supervisingauthority;

I[ (l-a) "district local board" in relation to any area other thana municipal area, means a district local board, district board, districtpanchayat or Janapada Sabha or similar local authority establishedunder any law for the time being in force relating to the constitutionof such authorities and having jurisdiction over such area; 1

2[ (2) "local supervising authority" means,-

(i) in th'e areas falling within the jurisdiction of the MunicipalCorporation-the Health Officer of the concerned MunicipalCorporation;

(ii) in the areas falling within the jurisdiction of the MunicipalCouncil-the Civil Surgeon of the District in which such Councilis situated;

(iii) in the areas falling within the jurisdiction of a Cantonment-the Health Officer of the concerned Cantonment;

(iv) in the areas not falling in sub-clauses (i), (ii) and (iii)above-the District Health Officer of the concerned Zilla Parishad ;]

(3) "maternity home" means any premises used, or intended tobe used, for the reception of pregnant women or of women in orimmediately after child birth;

3[ (3-a) "municipality" means a municipal corporation,municipality, municipal committee, town committee or similar localauthority established under any law for the time being in forcerelating to the constitution of such authoriti~s and" municipalarea" means the local area within the jurisdiction of a municipality; ].

(4) "nursing home" means any premises used or intended to beused, for the reception of persons suffering from any sickness,injury or infirmity and the providing of treatment and nursing forthem, and includes a maternity home; and the expression" tocarryon a nursing home" means to receive persons in a nursinghome for any of the aforesaid purposes and to provide treatment ornursing for them;

(5) "prescribed" means prescribed by rules made under thisAct;

1 Clause (I-a) was inserted by Born, 42 of 1959, s, 5(1).2 This clause was substituted for the original by Mah, 2 of 2006, s, 2,

3 Clause (3-a) was inserted by Born, 42 of 1959, s, 5(2),

1949: Born. XV]

Born.Vlof1912.

Born.XIVof

1954.

Born.XIV of

1954.

Bombay Nursing Homes Registration Act, 1949 3

(6) "qualified medical practitioner" means a medical practitionerregistered under the Bombay Medical Act, 1912, or any other lawfor the time being in force;

1[(7) "qualified midwife" means a midwife registered or deemedto be registered under the Bombay Nurses, Midwives and HealthVisitors Act, 1954 or any other corresponding law for the time beingin force;

(8) "qualified nurse" means a nurse registered or deemed to beregistered under the Bombay Nurses, Midwives and Health VisitorsAct, 1954, or any other corresponding law for the time being in .~orce ;]

(9) "register" means to register under section 5 of this Act andthe expressions" registered" and" registration" shall be construedaccordingly;

(10) "rules" means rules made under this Act.

3. No person shall carryon a nursing home unless he has beenduly registered in respect of such nursing home and the registrationin respect thereof has not been cancelled under section 7:

Provided that nothing in this section shall apply in the case of anursing home 2[ which is in existence in any area at the date of thecoming into force of section 3 in that area] for a period of threemonths from such date or if an application for registration is madewithin that period in accordance with the provisions of section 4 untilsuch application is finally disposed of.

Prohibition

to carryonnursing homewithoutregistration.

4. (1) Every person intending to carryon a nurisng home shall Applicationmake every year an application for registration or the renewal of for..

t t.

th I 1. .

h .' regIstratIOn.regls ra IOn to e oca superVISll1g aut onty:

Provided that in the case of a nursing home :i[which is in existencein any area at the date of the coming into force of section 3 in thatarea] an application for registration shall be made within three montsfrom such date.

(2) Every application for registration or the renewal of registrationshall be made on such date and in such form and shall be accompaniedby such fee, as may be prescribed. '

5. (1) Subject to the provisions of this Act and the rules, the localsupervising authority shall, on receipt of an application for registration,register the applicant in respect of the nursing home named in theapplication and issue to him a certificate of registration in theprescribed form:

Registration.

1 Clauses (7) and (8) were substituted for the original, by Born. 42 of 1959, s. (5)3., These words ,were substituted for the words" which is in existence -at the date of the

commencement of this Act", ibid., s. 6.,! These words were substituted for the words" which is in existence at the date of the

commencement of this Act", ibid" s. 7.H 4012-2a

4

Penalty fornon-

registration.

Bombay Nursing Homes Registration Act, 1949 [1949: Born: XV

Provided that the local supervising authority may refuse to registerthe applicant if it is satisfied-

(a) that he, or any person employed by him at the nursing home,is not a fit person, whether by reason of age or otherwise, to carryon or to be employed at a nursing home of such a description as thenursing home named in the application; or

I[ (6) that the nursing home is not under the management of aperson who is holding a degree in medical sciences and who isresident in the home, or that there is not a prescribed proportion

of qualified nurses employed in the nursing home to the number ofpatients in it; or]

(c) that in the case of a maternity home it has not got on its staffa qualified midwife; or

2[ (c-1) that the area of the premises of the nursing home is less

than the prescribed area; .

(c-2) that the number of beds available in the nursing homeexceeds than those prescribed;

(c-3) that the nursing home is owned or is under the managementof a Government Medical Officer; ]

(d) that for reasons connected with the situation, construction,accommodation, staffing or equipment, the nursing home or anypremises used in connection therewith are not fit to be used for anursing home of such a description as the nursing home mentionedin the application or that the nursing home or premises are usedor are to be used for purposes which are in any way improper orundesirable in the case of such nursing home.

3[(2) A certificate of registration issued under this section shall,subject to the provisions of section 7, be in force and shall be validuntil the 31st day of March of the third year next following the dateon which such certifcate is issued or renewed, as the case may be. ]

(3) The certificate of registration issued in respect of a nursinghome shall be kept affixed in a conspicuous place in the nursing home.

4[ 6. Whoever contravenes the provisions of section 3, shall, onconviction, be punished with imprisonment which may extend to sixmonths or with fine which may extend to ten thousand rupees or withboth.]

1 This clause was substituted for the original by Mah. 2 of 2006, s. 3 (a)(i).

2 These clauses were inserted, ibid., s. 3 (a)(ii).

;J This sub-section was substituted, ibid., s. 3 (b).

4 This section was substituted ibid., s. 4.

1949: Born. XV] Bombay Nursing Homes Registration Act, 1949

7. Subject to the provisions of this Act, the local supervisingauthority may at any time cancel the registration of a person inrespect of any nursing home on any ground which would entitle it torefuse an application for the registration of that person in respect ofthat home, or on the ground that person has been convicted of anoffence under this Act or that any other person has been convicted ofsuch an offence in respect of that home.

8. (1) Before making an order refusing an application forregistration or an order cancelling any registration, the local supervisingauthority shall give to the applicant or to the person registered, as thecase may be, not less than one calendar month's notice of its intentionto make such an order, and every such notice shall state the groundson which the local supervising authority intends to make the orderand shall contain an intimation that if within a calendar month afterthe receipt of the notice the applicant or person registered informsthe authority in writing that he desires so to do, the local supervisingauthority shall, before making the order, give him (in person or by arepresentative) an opportunity of showing cause why the order shouldnot be made.

(2) If the local supervising authority, after giving the applicant orthe person registered an opportunity of showing cause as aforesaid,decides to refuse the application for registration or to cancel theregistration, as the case may be, it shall make an order to that effectand shall send a copy of the order by registered post to the applicantor the person registered,

(3) Any person aggrieved by an order refusing an application forregistration or cancelling any registration may, within a calendarmonth after the date on which the copy of the order was sent to him,appeal to the 1[State] Government against such order of refusal. Thedecision of the l[StateJ Government on any such appeal shall be final.

(4) No such order shall come into force until after the expiration ofa calendar month from the date on which it was made or, wherenotice of appeal is given against it, until the appeal has been decidedor withdrawn,

9. (1) The Health Officer of the local supervising authority or theCivil Surgeon of the district in which a nursing home is situated orany other officer duly authorised by the local supervising authority orthe Civil Surgeon, may, subject to such general or special orders asmay be made by the local supervising authority, at all reasonabletimes enter and inspect any premises which are used, or which thatofficer has reasonable cause to believe to be used, for the purpose ofnursing home, and inspect any records required to be kept inaccordance with the provisions of this Act:

1 This word was substituted for the word" Provincial" by the Adaptation of LawsOrder, 1950.

5

Cancellationof

registration.

Notice ofrefusal orcancellationofregistration.

Inspection ofnursinghomes.

6 Bombay Nursing Homes Registration Act, ] 949 [1949: Born. XV

Provided that nothing in this Act shall be deemed to authorise anysuch officer to inspect any medical record relating to any patient in anursing home.

(2) If any person refuses to allow any such officer to enter orinspect any such premises as aforesaid, or to inspect any such recordsas aforesaid or obstructs any such officer in the execution of hispowers under this section, he shall be guilty of an offence under thisAct. .

Incomeof 10. Any fees received under this Act shall be paid into the fund oflocal the local supervising authority.

superviSIng .authority.

Expenses oflocal

supervisingauthority.

11. Notwithstanding anything contained in any enactment inregard to any municipal or local fund, all expenses incurred by a localsupervising authority under and for the purposes of this Act and therules and by-laws may be paid out of the municipal or local fund, asthe case may be.

Penalty foroffences

underAct.

12. Whoever contravenes any of the provisions of this Act or ofany rule shall, if no other penalty is elsewhere provided in this Act orthe rules for such contravention, on conviction, be punished with finewhich may extend to l[ five thousand rupees] and in the case ofcontinu,ing offence to a further fine of 2[ fifty rupees] in respect ofeach day on which the offence continues after such conviction.

Offences bycorporations.

13. Where a. person committing an offence under this Act' is acompany or other body corporate or an association of persons (whetherincorporated or not), every person who at the time of the commissionof the offence was a director, manager, secretary, agent or otherofficer or person concerned with the management thereof shall,unless he proves that the offence was committed without his knowledgeor consent, be deemed to be guilty of such offence.

Court 14. No court other than that of a Presidency Magistrate or acompe

ftfent to Magistrate of the first class shall take cognizance of or try any offence

try 0 ences .underAct. under thIS Act.

Indemnityto 15. No suit, prosecution or other legal proceeding shall be instituted. perso

dns against any person for anything which is in good faith done oractIngun er . . .

thisAct. Intended to be do:qe under thIS Act~ rules or by-laws.

Rules. 16.. (1) The 3[State] Government may, by notification in theOfficial Gazette, make rules to carry out all or any of the purposes ofthis Act.

I These words were substituted for the words" fifty rupees" by Mah. 2 of 2006,s.5(a).

2 These words were substituted for the words" fifteen rupees", ibid., s. 5(b).3 This words was substituted for the word" Provincial" by the Adaptation of Laws

Order,1950.

1949 : Born. XV ] Bombay Nursing Homes Registration Act, 1949 7

(2) Without prejudice to the generality of the foregoing provisionssuch rules may prescribe-

(a) the form of the application to be made under section 4,

(b) the date on which an application for'registration Ol' renewalof registration to be made and the fees to be paid for suchregistration or renewal of registration:

I[ Provided that, the State Government may prescribe differentrates of fees for registration of nursing homes, having regard to thearea in which such nursing home is situated, the number of bedstherein, the number of specialisations offered in such nursinghome.]

(c) the form of the certificate of registration to be issued undersection 5,

(d) for any other matter for which no provision has been madein this Act, and for which provision is, in the opinion of the 2[StateJGovernment, necessary.

(3) The power to make rules under this section shall be subject tothe condition of previous publication in the Official Gazette.

17. (1) The local supervising authority may make by-laws not By-laws.inconsistent with this Act or rules-

Ca) prescribing the records to be kept of the patients receivedinto a nursing home, and in the case of the maternity home, ofmiscarriages, abortions or still births occuring in the nursing homeand of the children born therein and of the children so born whoare removed from the home otherwise than to the custody or careof any parent, guardian or relative;

(b) requiring notification to be given of any death occuring in thenursing home.(2) Any by-law made by a local supervising authority under this Act

may provide that a contravention thereof shall be punishable-

(a) ;vith fine which may extend to fifty rupees; or(b) with fine which may extend to fifty rupees and in the case of

a continuing contravention, with an additional fine which mayextend to fifteen rupees for every day during which suchcontravention continues after conviction for the first suchcontravention; or

(c) with fine which may extend to fifteen rupees for every dayduring which the contravention continues after the receipt of anotice from the local supervising authority by the personcontravening the by-law requiring such person to discontinue suchcontravention.

J This proviso was inserted, by Mah. 2 of 2006, s, 6.2 This word was substituted for the word" Provincial" by the Adaptation of Laws

Order,1950.

8

Saving.

Bombay Nursing Homes Registration Act, ]949 [1949 : Born. XV

(3) No by-law made by the local supervising authority shall comeinto force until it has been confiqned by the 1[ State] Governmentwith or without modification.

(4) AII"by-Iaws made under this section shall be published in theOfficialGazette. .

18. Nbthing in this Act shall apply to-

(i) any nursing home carried on by Government or a localauthority or by any other body of persons approved by the 1[State]Government in this behalf; and

(ii) any asylum for lunatics or patients suffering from mentaldiseases, within the meaning of the Indian Lunacy Act, 1912. IVof

1912.

1 This word was substituted for the word" Provincial" by the Adaptation of LawsOrder, 1950.